Bhundu Ram vs The Chief Administrator And Another
2023 Latest Caselaw 22420 P&H

Punjab-Haryana High Court

Bhundu Ram vs The Chief Administrator And Another on 20 December, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                   Neutral Citation No:=2023:PHHC:163910




                                              2023:PHHC:163910
114 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        CM-13529-C-2023
                                              in/and
                                        RSA-2831-2019 (O&M)
                                        Date of decision: 20.12.2023

Bhundu Ram
                                               ....Appellant

             Versus

The Chief Administrator, Haryana State Agricultural Marketing
Board, Panchkula and another
                                          ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. S.K.Verma, Advocate for the applicant/appellant

             Ms. Nikita Goel, Advocate for the respondents

ANIL KSHETARPAL, J (Oral)

CM-13529-C-2023

1. After hearing learned counsel representing the applicant

and for the reasons stated in the application, the appeal is restored to

its original number. CM stands allowed.

2. With the consent of the learned counsel representing

the parties, the main case is taken on Board for final disposal.

Main case

3. This appeal has been filed by the plaintiff. His suit for

the grant of decree of declaration that he is entitled to get his past

service counted for the pensionary benefits has been allowed.

However, the appellant is aggrieved of the direction issued by the

First Appellate Court directing him to deposit the amount of the

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Contributory Provident Fund (hereinafter referred to as 'CPF') with

interest. It is the case of the appellant that he is liable to deposit the

amount of CPF, however, not with interest beyond December, 2006,

when he started making representation.

4. This Court has considered the submissions made by the

learned counsel representing the parties. The appellant served the

Haryana State Minor Irrigation Tubewell Corporation between

17.05.1977 to 24.09.1992. Subsequently, he was appointed afresh

in the Haryana State Agriculture Marketing Board in September,

1992. In the year 1992, the appellant was paid all the benefits. He

filed a suit on 15.07.2014 claiming the benefit of the past service.

The First Appellate Court, while relying upon the judgment passed

in Subh Karan Sharma and others vs. State of Haryana CWP-

18370 of 2009 held that the prior service of the appellant is required

to be counted for pension. However, it shall be subject to the

deposit of the amount of CPF with interest.

5. Learned counsel representing the appellant contends

that the plaintiff started making representations on 05.12.2006 and

therefore, he cannot be directed to pay interest thereafter. As

already noticed, the plaintiff joined the service of the Board in the

year 1992. He began to make representations in the year 2006. All

this while the amount remained with the appellant.

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6. Keeping in view the aforesaid facts, no ground to

interfere is made out.

7. Hence, dismissed.

8. All the pending miscellaneous applications, if any, are

also disposed of.

20.12.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:163910

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